District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.475/2020.
Date of Institution: 11.12.2020.
Date of Order: 30.01.2023.
Janardan Kumar Shah aged about 44 years son of Shri Wakil Parsad R/o House No.11, Gali No.5, Raja Nahar Singh colony, Sector-3, Ballabgarh, District Faridabad.
…….Complainant……..
Versus
1. RSH Infra Height Private Limited, 207-208, 2nd floor, Dashmesh Plaza, Ajronda Chowk, Sector-20B, Faridabad through its Director/Authorized Signatory Mr. Rakesh Kureel.
2. Mr. Rakesh Kureel Director of RSH Infra Height Private Limited, 207-208, 2nd floor, Dashmesh Plaza, Ajronda Chowk, Sector-20B, Faridabad.
3. Mr. Baljeet Director of RSH Infra Height Private Limited, 207-208, 2nd floor, Dashmesh Plaza, Ajronda Chowk, Sector-20B, Faridabad.
…Opposite parties……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana…………Member.
PRESENT: Sh. Rajvir Singh , counsel for the complainant.
Opposite parties Nos.1 & 3 become proforma opposite party on 24.8.2022.
Opposite party No.2 ex-parte vide order dated 07.12.2021.
ORDER:
The facts in brief of the complaint are that the opposite parties allured and induced the complainant to purchase the plot measuring 50 sq. yards at the rate of Rs.2850/- per sq. yards only in their project namely RSH Infra Heights Limited, situated at Amroo, Tehsil & District Palwal. As per the inducement and allurement of the opposite parties the complainant had booked a plot measuring 50 sq. yards bearing its No. 54-A, situated at village Amru Tehsil & District Palwal with the opposite parties and accordingly the complainant deposited the initial amount of Rs.31,000/- with the opposite parties as booking money and the opposite parties issued the cash receipt No. 385 dated 16.05.2012 for Rsw.31,000/- in the name of the complainant. The opposite parties entered into Bayanama/Booking Agreement dated 23.05.2012 with the complainant which was duly attested by Notary Public. As per the terms and conditions of the said agreement the total sale consideration of the said plot was settled at Rs.1,42,500/-. As per the terms and conditions No.10 of Baynama/Booking agreement dated 23.05.2022 it was settled that the company undertook to give the possession within the period of one year from the date of commencement of the development. The complainant deposited the total amount of Rs.1,81,500/- i.e. more than agreed sale consideration amount of Rs.1,42,500/- with the opposite parties and the said amount was duly admitted by the opposite parties as per their statement of account for the period from Ist April 2012 to 5th January, 2017. In the month of January, 2017 the complainant personally met with the opposite parties and found that thee no any development of the project was available on the spot nor carving out plots process was on the spot. The complainant requested the opposite parties to handover the possession of booked plot NO. 54-A and also to execute the sale deed in favour of the complainant as the opposite parties had taken the amount of Rs.24,000/- on 15.06.2015 on acocunt of expenses of sale deed from the complainant. But the opposite parties told the complainant that they could not develop the project due to some financial and CLU of agricultural land. The opposite parties further assured the complainant to handover the possession of booked plot No. 54-A and also to execute the sale deed in favour of the complainant within the period of next two years. In the month of January, 2019, the complainant reached at the site of said project and found that neither the opposite parties had developed the project nor carved out plots on the spot only then the complainant requested the opposite parties either to handover the possession of the said plot or alternatively to refund the amount of Rs.1,81,500/- alongwith interest to the complainant but the opposite parties kept on avoiding to handover the possession and also did not get executed and get registered the sale deed in respect of the said plot in favour of the complainant rather the opposite parties avoided to the requests of the complainant on one pretext or the other. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite parties to:
a) refund the amount of Rs.1,81,500/- alongwith interest @ 24% p.a. from the date of depositing of every amount till the date of realization of the said amount to the complainant jointly or severally.
b) pay Rs. 2,00,000/- as compensation for causing mental agony and harassment .
c) pay Rs. 21,000 /-as litigation expenses.
2. Complainant has made a statement that “he wants to make opposite parties Nos.1 & 3/Mr. Baljeet Director of RSH Infra Height Private Limited as proforma opposite party vide order dated 24.08.2022.
3. Registered notice was sent to opposite party No.2 on 29.10.2021 not received back either served or unserved. Complainant has filed the tracking details in which “Item Delivery Confirmed”. Case called several times since morning. But none appeared on behalf of opposite party No.2. More than one month had elapsed. No more wait was justified. Therefore, opposite party No.2 was proceeded against ex-parte vide order dated 07.12.0221.
4. The complainant led evidence in support of his respective version.
5 We have heard learned counsel for the complainant and have gone through the record on the file.
6. In this case the complaint was filed by the complainant against opposite parties – RSH Infra Height Private Limited etc. with the prayer to :a) refund the amount of Rs.1,81,500/- alongwith interest @ 24% p.a. from the date of depositing of every amount till the date of realization of the said amount to the complainant jointly or severally. b)pay Rs. 2,00,000/- as compensation for causing mental agony and harassment . c) pay Rs. 21,000 /-as litigation expenses.
To establish his case, the complainant has led in his evidence Ex. CW1/A – affidavit of Janardan Kumar Shah, Ex.C-1 – Bayana/Booking Agreement, Ex.C-2 – Acknowledgement receipt, Ex.C-3 to C-12 – Receipts for booking/EMI, Ex.C-13 – receipt, Ex.C-14 – ledger account.
7. There is nothing on record to disbelieve and discredit the aforesaid ex-parte evidence of the complainant. Since opposite party No.2 has not come present to contest the claim of the complainant, therefore, the allegations made in complaint by the complainant go unrebutted. From the aforesaid ex-parte evidence it is amply proved that opposite party No.2 has rendered deficient services to the complainant. Hence the complaint is allowed against opposite party No.2.
8. Opposite party No.1 is directed to:
a) refund the amount of Rs.1,81,500/- alongwith interest @ 6% p.a. from the date of deposit till its realization.
b) to pay Rs.2200/- as compensation for causing mental agony & harassment.
c) pay Rs.2200/- as litigation expenses to the complainant.
Compliance of this order be made within 30 days from the date of receipt of copy of this order. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on: 30.01.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
